Orissa High Court
ABLAPL/9660/2020 on 7 September, 2020
Author: D. Dash
Bench: D. Dash
ABLAPL NO.9660 OF 2020
02. 07.09.2020 The matter is taken up through video conferencing.
The petitioners having been implicated in Gop P.S. Case No.
212 of 2020 corresponding to Special G.R. Case No.46 of 2020 on
the file of learned Addl. Sessions Judge-cum-Special Judge,
Nimapara, for alleged commission of offence under section
147/148/294/323/325/332/341/342/307/506/224 /225/ 379/
353/354/149 of the IPC read with section 7 of the Crl. Law
(Amendment) Act and section 3(1)(r)(s)/2(va) of the SC & ST (PA) Act
has filed this application under section 438 of Cr.P.C. for grant of
bail in the event of their arrest in the said case.
Learned counsel for the petitioners submits that the case has
been foisted against the petitioners on account of prior enmity and
even accepting the entire F.I.R. allegations, all the ingredients for
commission of offence under section 3(1)(w)(i) of the SC & ST (PA)
Act are not prima facie fulfilled. It is submitted that for no reason,
the case has been registered for the offences under the Special Act.
In view of all the above, when there remains no scope on the part of
the petitioners to flee from justice and the question of tampering the
evidence does not arise, he urges for grant of anticipatory bail to the
petitioners.
Learned counsel for the State opposes the move.
Considering the submissions and viewing the nature of
accusation against the petitioners, as well as other surrounding
circumstances, while being not inclined to grant anticipatory bail to
the petitioner nos.1 and 2; it is directed that in the event the
petitioner nos.1 and 2 surrender before the court in seisin of the
case within three weeks hence and move for their release on bail,
they shall be released on bail on such terms and conditions as
would be deemed just and proper by the said court.
It is needless to observe that in the event the petitioner no.3
is forwarded to court on being arrested in the case and moves for
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her release on bail, the same shall be considered on its own merit;
further taking into account the factum of release of co-accused
person on bail and if similarly situated on the ground of parity, as
per law and disposed of early in accordance with law.
Accordingly, the ABLAPL stands disposed of.
..........................
D. Dash, J.
Aks